DRIVERS Hackney Carriage and Private Hire Licensing Policy 2021
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Hackney Carriage and Private Hire
Licensing Policy 2021
DRIVERSErewash Borough Council
Hackney Carriage & Private Hire Driver Licensing Policy
CONTENTS PAGE NUMBER
1. INTRODUCTION 3
1.1 Powers and duties 3
1.2 Role of hackney carriage &private hire vehicles 3
1.3 Objectives of the policy 3
1.4 Departure from the policy 4
1.5 Best practice guidance 4
1.6 Implementation 5
1.7 Delegated powers 5
1.8 Definitions 5
1.9 Consideration of applications 6
2. LICENSED DRIVERS 6
2.1 Driver requirements 6
2.2 Hackney Carriage/Private Hire Driver’s Licence application 7
2.3 DVLA driving licence 7
2.4 Practical driving assessment 8
2.5 Disclosure & Barring Service - criminal record check 8
2.6 National Register of taxi licence revocations and refusals (NR3) 10
2.7 Right to work in the United Kingdom 11
2.8 Medical examinations 13
2.9 Driver knowledge tests 14
2.10 Safeguarding training 15
2.11 The application process 16
3. PREVIOUS CONVICTIONS POLICY 17
3.1 Relevance of convictions and cautions 17
3.2 Rehabilitation of Offenders Act 1974 19
3.3 Powers of the council 19
3.4 Consideration of applications 20
3.5 General Convictions Policy for licensed drivers 21
3.6 Motoring convictions 24
4. DRIVER’S LICENCE CONDITIONS 30
4.1 Driver’s badge/vehicle plates 30
4.2 Conduct of driver 31
4.3 Wheelchair passengers/Carrying assistance dogs 33
4.4 Seat belt laws for taxis and private hire vehicles 34
4.5 Lost and found property 35
4.6 Notifications to the Council 35
4.7 Fares and journeys 37
4.8 Hackney carriage ranks 38
4.9 Licence renewal procedure 39
4.10 Compliance and enforcement 39
21. INTRODUCTION
1.1 Powers and duties
This statement of licensing policy is written pursuant to the powers conferred by
Local Government (Miscellaneous Provisions) Act 1976 (‘The 1976 Act). This
legislation, together with provisions of the Town Police Clauses Act 1847 (the
1847 Act) places on Erewash Borough Council its duty to carry out its licensing
function in respect of hackney carriage and private hire licensing. As such the
Council is responsible for the licensing of hackney carriage and private hire
drivers, vehicles and operators.
The grant of all licences shall be considered in the light of this policy, relevant
legislation and guidance subject to the licensing conditions contained therein.
1.2 Role of hackney carriage & private hire vehicles
Hackney Carriages and Private Hire Vehicles have a specific role to play in an
integrated transport system. They can provide services in situations where public
transport is either unavailable (for example in rural areas, or outside ‘’normal’’
hours of operation such as in the evenings or on Sundays), or for those with
mobility difficulties.
1.3 Objectives of the policy
The aim of the licensing policy is primarily to regulate the taxi and private hire
vehicle trade and to protect the public, as well as to ensure that the public have
reasonable access to taxi and private hire vehicle services because of the part
they play in the transport system. In setting out its policy, Erewash Borough
Council seeks to promote the following objectives;
Protection of public health and safety
Raising awareness amongst the licensed trade and general public, of
issues involving the safeguarding of children and vulnerable adults
Establishment of a professional and respected hackney carriage and
private hire trade
Access to an efficient and effective public transport service
Vehicle safety, comfort and access
Protection of the environment
Promoting the vision of Erewash Borough Council
Public education of the licensed trade
Its purpose, therefore, is to ensure the taxi and private hire trade is operated by
‘’fit and proper’’ persons and to prevent licences being awarded to, or used by
those who are not suitable persons, taking into account any criminality, driving
records, driving experience, mental and physical fitness. The council has a duty
to ensure so far as possible that those licensed to drive hackney carriage and
private hire vehicles are suitable persons to do so, that they are safe drivers with
good driving records and adequate experience, sober, courteous, mentally and
physically fit, honest and not persons who would take advantage of their
employment to abuse or assault passengers.
3It will also ensure that hackney carriage and private hire vehicles licensed by the
authority are safe for public use, by ensuring that roadworthy, clean, comfortable,
reliable and properly insured vehicles are available for those that require them.
In formulating this policy the Council has been mindful of the need to justify each
requirement against the risk it seeks to address, or objective it aims to promote.
Where the cost of implementing a proposed requirement was not commensurate
with the perceived benefit in either of these areas, the introduction was not
pursued.
1.4 Departure from the Policy
In exercising its discretion in carrying out its regulatory functions the Council will
have regard to this policy document and its objectives.
Notwithstanding the existence of this policy, each application or enforcement
issue will be considered on its own merits. Where it is necessary for the council to
depart substantially from its policy, clear and compelling reasons will be given
and recorded for so doing, and a record will be kept of all such decisions.
1.5 Best Practice guidance
This policy has been developed after consulting with both the trade and wider
interested parties. In formulating this policy we have also taken into consideration
the following:
Department of Transport ‘Taxi and Private Hire Vehicle Licensing: Best
Practice Guidance 2010
The Statutory Taxi and private Hire Vehicle Standards 2020
The Institute of Licensing Guidance on Suitability of Applicants and
Licensees in the Hackney and Private Hire Trades
Derbyshire Constabulary
The Council’s Corporate Plan
Current Legislation
Child Protection Services (Safeguarding)
Guidance on the Rehabilitation of Offenders Act 1974(2014)
Disclosure & Barring Service Information Note on Rehabilitation of
Offenders Act 1974 and Police Act 1997 Orders 2013
Regulators’ Code 2014
In undertaking its licensing function the Council will also comply with other
relevant legislative requirements, including:
Transport Acts 1985 and 2000
Crime and Disorder Act 1998
Environmental protection Act 1990
Equality Act 2020
Road Traffic Acts 1988 and 1991
Health Act 2006
Human Rights Act 1998
41.6 Implementation
This policy will take effect from ********** 2021 and will be reviewed after 5
years. Revisions in the interim will be considered as appropriate
1.7 Delegated powers
All officers of the Council’s Licensing Section, authorised under the Council’s
Scheme of Delegation, are responsible for the day to day operation of the
Council’s Hackney Carriage and Private Hire Vehicle Driver Licensing Policy and
enforcement conditions made under the policy. Such authorised powers include
the issue of warnings, notices and any other enforcement related sanction
approved by the Council, and decisions on other procedural matters.
Under the Council’s constitution, the Licensing & Public Protection Committee
has the authority to discharge non-executive regulatory functions with respect to
hackney carriage and private hire vehicle licensing. This function is further
delegated to the Licensing Panel Sub Committee comprising of 5 elected
members drawn from the Licensing & Public Protection Committee who
determine grants, refusals, revocations and suspensions relating to taxi and
private hire licensing.
The Director of Community Services, in consultation with the chair or vice-chair of
the Licensing & Public Protection Committee, are specifically delegated by the
Council to suspend or revoke licences (with immediate effect to protect public
safety) in urgent situations, including when an arrest relating to serious offences
have been made or laid out.
1.8 Definitions
The ‘Council’ means Erewash Borough Council and ‘Borough’ means the
district of the Council
‘Taxi’ means a hackney carriage licensed by the Council under the 1847
Act
‘Private Hire Vehicle’ means a private hire vehicle licensed by the Council
under the 1976 Act
‘Driver’ means a driver licensed by the Council under the 1847 Act and the
1976 Act and ‘badge’ means the badge owned and issued by Council for
the purposes of identifying the driver
‘Operator’ means a person licensed by the Council under the 1976 Act to
operate Private Hire Vehicles
‘Vehicle means a licensed Taxi or Private Hire Vehicle
‘Licence’ means a Taxi and Private Hire Vehicle Driver’s Licence issued by
the Council under the 1847 Act and the 1976 Act
‘TPCA 1847’ means the Town Police Clauses Act 1847
‘LGMPA 1976’ means the Local Government (Miscellaneous Provisions)
Act 1976
’Authorised Officer’ means any officer of the Council authorised in writing
by the Council for these conditions
Reference to days is clear days unless working day is specified
DVLA means the Driver and Vehicle Licensing Agency
51.9 Consideration of applications
The Council will consider all applications on their own merits once it is satisfied
that the appropriate criteria have been met and the application form and
supporting documents are complete. For drivers and operators the breaches of
licensing conditions and convictions at Section 3 will be applied as part of the
application process.
2. LICENSED DRIVERS
2.1 Driver requirements
All applicants for a licence must satisfy the council that they are fit and proper
people to be granted a drivers’ licence, and must remain a fit and proper person
for the duration of that licence. The fitness and propriety of a driver will be
monitored and assessed throughout the period that the licence is in force. The
council considers that licensed drivers are put in a position of trust, and therefore
the licensing authority must ensure that applicants/licence holders are, and
remain, fit and proper to hold a licence. This requirement is held within sections
51 and 59 of the Local Government (Miscellaneous Provisions) Act 1976 (part II).
The term ‘’fit and proper’’ for the purposes of hackney carriage and private hire
licensing is not legally defined. However, in determining whether a person is fit
and proper to hold a licence, the licensing authority is effectively asking the
following question:
Without any prejudice, and based on the information before you, would you allow
a person for whom you care, regardless of their condition, to travel alone in a
vehicle driven by this person at any time of day or night?
Throughout the application process applicants must fully disclose any information
that is requested by the council. This includes information regarding previous
convictions, warnings and reprimands, current police investigations and pending
criminal proceedings. The authority may, in the course of the application, consult
the police, children and adult safeguarding boards, other licensing authorities and
other statutory agencies.
In order to assess the suitability of an applicant the licensing authority will
undertake whatever checks and apply whatever processes it considers
necessary to ensure that licences are only issued to ‘fit and proper’ persons. The
council will take into consideration the following factors:
Period of holding a driving licence
Standard of driving/driving ability including penalty points on licence
Criminality
Medical fitness
Knowledge of licence conditions and matters related to the work of a
licensed driver
Right to work in the UK
Previous licensing history (if any) of former licence holders
6 Knowledge of safeguarding and discrimination issues relating to the
licence
2.2 Hackney Carriage/Private Hire Driver’s Licence application
This policy should be used by anyone wishing to obtain a hackney
carriage/private hire vehicle driver’s licence which will enable them to drive a
hackney carriage or private hire vehicle. These licences are normally valid for
three years, although in certain circumstances a licence for a lesser period may
be issued.
Do you qualify for a licence?
To be considered for a licence you must:-
Have held a full current driver’s licence for at least 12 months and undergo a
DVLA licence check.
Undergo a practical driving assessment.
Be a fit and proper person and subscribe to the online Disclosure and Barring
Update Service (DBS) after your initial DBS check.
Have the right to work in the United Kingdom.
Pass a medical examination under Group 2 medical standards, undertaken
by your own doctor or a doctor with full access to your medical records.
Pass a ‘knowledge test’ which contains questions on the licence conditions,
Highway Code, local area, disability awareness and safeguarding issues.
Take a Safeguarding training course as prescribed by the council.
Age limits for drivers
There are no minimum or maximum age limits for applicants who wish to hold a
Hackney Carriage/Private Hire vehicle driver’s licence with Erewash Borough
Council. However, applicants must have held a full driving licence for at least 12
months. Applicants must also satisfy all other checks and requirements of the
application process, including regular medical checks as outlined in section 2.8.
2.3 DVLA Driving licence
You must have held a full driving licence issued in the UK, the European
Community (EC), or one of the other countries in the European Economic Area
(EEA) for at least 12 months which authorises you to drive a motor car.
The council requires all drivers who hold an EC/EEA driving licence to obtain a
GB driving licence within 6 months of the grant of their hackney carriage and
private hire vehicle drivers licence.
The driving licence should show your current address and we will not accept any
Driving Licence which shows any other address. Please note it is a criminal
offence not to notify the DVLA of a change of address. You could be fined up to
£1000.
The Council will require your driving licence details as held by DVLA Swansea,
and for this purpose you are required to complete the ‘DAVIS’ form of
authorisation contained within the application pack. You must then sign up to this
process which will allow the council to make periodic checks with the DVLA.
72.4 Practical driving assessment
All new applicants wishing to drive for Erewash Borough Council must pass a
practical driving assessment test and produce the pass certificate at the licensing
office. The assessment does not have to be undertaken before the application,
but must be achieved before a driver’s licence can be issued. As a professional
driver you have a greater responsibility to ensure that your passengers have a
comfortable, safe and enjoyable journey. This test is designed to improve driving
standards and ensure a professional service is offered by our drivers who will
take pride in their trade and the service they give to customers.
Drivers of wheelchair accessible vehicles must be suitably trained on how to use
the equipment in their licensed vehicles, and how to handle a person in a
wheelchair. They must, therefore, undertake one of the wheelchair assessments
listed below. The pass certificates must be provided to the council on application
and before any additional driver may drive the wheelchair accessible vehicle.
New applicants to Erewash Borough Council must undertake one of the practical
driving assessments listed below;
a) The Blue Lamp Trust
Tel: 0333 7000157 and say you want to take the Taxi Driving Assessment.
Open Monday to Friday 09:30 – 15:00.
Webpage: www.bluelamptrust.org.uk
Email: info@bluelamptrust.org.uk
Cost: Standard test: £87 (subject to change)
Wheelchair assessment: £40 (subject to change)
b) Diamond Advanced Motorists
Tel: 020 8253 0120 and say you want to take the Taxi Driving Assessment.
Open Monday to Friday 09:30 - 16:00.
Webpage: www.advancedmotoring.co.uk/taxi-test
Email: help@adnavcedmotoring.co.uk
Cost: Standard Test: £85 (subject to change)
Enhanced (wheelchair) Test: £95 (subject to change)
Please note: Drivers may also be asked to take an additional assessment if
required by the council Licensing Committee’s Driver’s Panel in cases
where it is felt that the driver requires additional training (e.g. accumulation
of penalty points).
2.5 Disclosure & Barring Service - criminal record check
Under the Rehabilitation of Offenders Act 1974, Taxi and Private Hire vehicle
drivers are classed as an exempt occupation. Therefore all convictions can be
taken into consideration, even if they are considered spent, in determining an
applicant’s fitness and propriety. All convictions, except protected cautions and
convictions, must be declared on the application form, and failure to do so will be
treated as a dishonest act.
8A check of the barred lists is also undertaken by this council. In the interests of
public safety, the licensing authority will not normally issue a licence to any
individual that appears on either barred lists. Should the council consider there to
be exceptional circumstances, which means that, based on other available
information and the balance of probabilities, they consider an individual named
on a barred list to be ‘’fit and proper’’, the reasons for reaching this conclusion
should be recorded.
New applicants must complete an ‘enhanced’ Disclosure & Barring Service
application form. These can be obtained from the Civic Centre, Long Eaton -
please ring the Licensing Section 0115 907 2244 ext. 3120. This form must
be completed and submitted by appointment to the Licensing Section at
Erewash Borough Council, accompanied by the appropriate proof of identity.
A list of acceptable documents for proof of identity will be included with the
DBS form.
Please ensure the form is filled in black pen and mistakes are crossed
through with any alterations written adjacent. Do not use a white corrector
pen. The machinery used to scan the forms is unable to read these
alterations, so inevitably causing a delay in the processing. NB. Please
ensure that all addresses are provided for a five year period, on a separate
sheet if necessary.
On the day of your appointment pay the criminal record check fee of £40.00
(subject to change) to Erewash Borough Council. Please telephone the
Customer Contact Centre to pay by Debit/Credit card or alternatively, pay at
the Cashiers Counter in the Reception area, Civic Centre, Long Eaton. The
Council will then be invoiced by the Disclosure & Barring Service accordingly.
The form will then be countersigned by a licensing officer after you have read
and understood the Disclosure & Barring Service Privacy Policy in respect of
standard and enhanced DBS checks. This tells you how we will use and
protect any information we hold about you as part of your standard or
enhanced disclosure application. It also explains what your rights are as an
applicant in accordance with Data Protection legislation. The Privacy Policy
can be found at Standard and Enhanced DBS Check Privacy Policy -
GOV.UK (www.gov.uk)
The DBS will then send you a disclosure certificate; this can take up to 8
weeks or more to be processed by the DBS and the police. Please note that
the council will not receive a copy of the certificate so your copy must be
produced to the Licensing Section. Once this disclosure has been received,
the application will be determined subject to the guidelines adopted by the
Council. No application will be granted until a DBS certificate has been
received. For enquires regarding the progress of your application contact the
DBS (Disclosure & Barring Service) by telephoning 0870 9090 811 and quote
the following customer reference number 20042500005. Alternatively, the
progress of your DBS application can be tracked online by visiting:
https://secure.crbonline.gov.uk/enquiry/enquirySearch.do
9 Once you have received your disclosure certificate from the DBS you
must then subscribe to their online update service for a cost of £13 a
year. This will allow you to keep your criminal record certificate up to
date, and take it from role to role within the same workforce, where the
same type and level of check is required. Being subscribed to the
service will also mean that employers will be able to carry out free,
online checks of an individual’s disclosure certificate (with your
consent) to check that it is up to date, and you will not be required to
submit a new certificate unless the certificate status changes. Speak to
a licensing officer if you require more information on this service.
It is mandatory for all drivers to be signed up to the DBS online service. The
council will check your criminal record at least every six months. We may
also carry out further checks if we have reasonable cause to do so.
The driver must notify the council immediately if their subscription to the DBS
online service lapses. A new DBS certificate will then have to be applied for.
If the online check is due then a driver’s licence may be suspended until a
satisfactory check can be carried out. The applicant will be responsible for
any associated fees.
Applicants with periods of residency outside of the UK
In addition to a DBS check, if an applicant has spent six continuous months or
more residing overseas the council will require evidence of a criminal record
check or ‘certificate of good character’ from the country/countries visited
covering the period that the applicant was overseas since the age of 18. This will
normally take the form of a document from the relevant Government department
or Embassy which provides a comprehensive criminal record. This document
must be in English and provide contact details of the Government department or
Embassy in order that officers may verify its authenticity. All costs in respect of
this documentation will be borne by the applicant. This documentation will be in
addition to the DBS certificate.
In circumstances where the applicant is unable to provide such a document, or
officers have concerns that an applicant’s criminal record requires closer
scrutiny, the application will normally be referred to the Licensing Driver’s Panel
for determination. The applicant will then be given the opportunity to explain their
circumstances and produce any other relevant documentation in support of their
application.
For more information please consult the Home Office Guidance for contacting
overseas bodies for criminal records checks or contact the Licensing Section for
further clarification https://www.gov.uk/government/publications/criminal-records-
checks-for-overseas-applicants
2.6 National Register of taxi licence revocations and refusals (NR3)
Licensing authorities are required to satisfy themselves that those holding
Hackney carriage/private hire vehicle driver licences are ‘fit and proper’ to do so.
This is done firstly during the determination of an application for a licence, and
then at any time during the currency of a licence. For example, when evidence is
obtained that suggests that a licensed individual is not a fit and proper person to
10hold a licence, the licensing authority is entitled to suspend, revoke or refuse to
renew a licence.
This authority provides information to the National Register of Taxi Licence
Revocations and Refusals (Known as NR3), a mechanism for licensing
authorities to share details of individuals who have had a hackney carriage and
private hire driver’s licence revoked or an application refused. Therefore, where a
licence is revoked, or an application refused, the authority will automatically
record this decision on the NR3 system, and the information will be retained on
NR3 for a period of 25 years.
The information recorded on NR3 will be limited to:
Name
Date of birth
Address and contact details
National insurance number
Driving licence number
Decision taken
Date of decision
Date decision effective
All applications for a new drivers’ licence or licence renewal at this authority will
automatically be checked on the register. If a search of NR3 indicates a match
with the applicant, the authority will seek further information about the entry on
the register from the authority which recorded it. Any information received will be
only used in respect of the specific licence application and will not be retained
beyond the determination of that application. Each application will still be
considered on its own merit, but NR3 will help ensure that decisions can be
based on all the information that is relevant to an application.
Information will be processed in accordance with the Data Protection Act (DPA)
and General Data Protection Regulations (GDPR). Any searches, provision or
receipt of information of or under NR3 are necessary to the council’s statutory
licensing functions of ensuring that drivers are ‘fit and proper’ to hold a drivers’
licence. It is not intended that any NR3 data will be transferred out of the United
Kingdom.
2.7 Right to work in the UK (Immigration Act 2016)
The Immigration Act 2016 amended existing licensing regimes in the UK to seek
to prevent illegal working in the taxi and private hire sector. With effect from 1
December 2016 the provisions of the Act prohibit all licensing authorities across
the UK from issuing to anyone who is disqualified by reason of their immigration
status, and they discharge this duty by conducting immigration checks.
The provisions mean that driver and operator licences must not be issued to
people who are illegally living in the UK, who are not permitted to work, or are
permitted to work but are subject to a condition that prohibits them from holding
such a licence.
11The council will therefore check all applicants’ right to work as part of their
application, and they must submit documentary evidence showing they have the
right to work in the UK. Examples of documents may include:
A passport confirming that the holder is a British citizen or citizen of the
United Kingdom
A passport or national identity card showing the holder is a national of the
European Economic Area or Switzerland
Passport or other travel documentary endorsed to show that the holder is
allowed to stay in the UK and undertake paid employment
Full UK birth/adoption certificate
An immigration document issued by the Border and Immigration Agency to
the holder which indicates that the person named in it can stay in the
United Kingdom and undertake paid employment.
This list is not exhaustive and other documents may be accepted – further
information may be obtained from the licensing section on request.
If the right to work is for a limited period then the licence will only be issued
up until the expiry of the right to work in the UK. The licence holder will
then be required to submit evidence of their application to remain in the UK
if they wish to continue to work as a hackney carriage/private hire driver
after this date.
If a licence holder’s right to work is withdrawn at any time, the licence
holder is required to notify the council immediately. In addition the Home
Office will notify the council that the right to work is withdrawn and the
licence will lapse.
Home Office online right to work checking service
As an alternative to providing a copy of the documents listed above, applicants
may demonstrate their right to work by allowing the licensing authority to carry
out a check with the Home Office online right to work service.
To demonstrate their right to work via the Home Office online right to work
checking service, applicants should include in their application their 9 digit share
code (provided to them when accessing the service at https://www.gov.uk/view-
right-to-work) which, along with the applicant’s date of birth (provided within the
application form) will allow the licensing authority to carry out the check.
In order to establish the applicant’s right to work, the check will need to indicate
that the applicant is allowed to work in the United Kingdom and is not subject to a
condition preventing them from doing work relating to the driving of a hackney
carriage or private hire vehicle. An online check will not be possible in all
circumstances because not all applicants will have an immigration status that can
be checked online.
The Home Office online right to work checking service sets out what information
and/or documentation applicants will need to access the service. Applicants who
12are unable to obtain a share code from the online service should submit
documents to the licensing authority as set out above.
2.8 Medical examinations
In line with Department for Transport recommendations, a medical examination
to DVLA Group 2 standards is required for our licensed drivers to assess an
applicant’s fitness to drive a licensed vehicle before a licence can be issued.
Hackney carriage and private hire drivers, together with bus drivers and lorry
drivers, are all required to meet Group 2 standards. In most cases the medical
standards for Group 2 drivers are substantially higher than for Group 1 drivers,
this is because of the size and weight of the vehicle or the length of time an
occupational driver typically spends at the wheel. Taxi drivers are also expected
to carry members of the public who have expectations of a safe journey, and
they may have to assist disabled passengers and handle heavy luggage.
The examination must be undertaken by your own General Practitioner or
another GP from the same practice. (Another doctor from a different practice
may undergo an examination but ONLY if the doctor has full access to your
medical records). The doctor must then sign the medical and a declaration that
they have had access to the applicant’s medical records, and that he/she is
considered fit/unfit to drive a vehicle under Group 2 medical standards. D4
medical forms and declaration forms are included in the application pack or can
be obtained from the Town Hall, Long Eaton. The medical form submitted to the
licensing section must be no more than 3 months old or it will be refused. The
cost of the medical must be borne by the applicant.
If the licensing authority is not satisfied as to the medical fitness of an applicant
the council may request that the applicant provides further medical assessments
from their doctor or a consultant’s written report. Where there remains doubt as
to the medical fitness of a driver, the matter will be referred to a meeting of the
Driver’s Licensing Panel who will make a final decision in light of the medical
evidence available.
Applicants for a Hackney Carriage/Private Hire Driver’s Licence will be required
to undertake a medical at the following intervals:
On initial application
Then, If under 45 years of age on initial application, a medical at 45, then
every five years up to the age of 65 (i.e. 50, 55, 60) unless restricted to a
shorter period for medical reasons
If over 45 years of age on initial application, every five tears up to the age of
65, unless restricted to a shorter period for medical reasons
At the age of 65 medicals will be required annually without an upper age limit.
If a driver is diagnosed with a medical condition which may affect his or her
driving at any time, the Council may require either more frequent medical
checks and/or supporting evidence from specialists or consultants.
Licence holders must inform the licensing section of any changes or deterioration
of their health that may affect ability to drive as soon as is practicable. The driver
may be asked to obtain further medical confirmation from their medical
13practitioner to confirm that they remain fit to drive under Group 2 medical
requirements.
Guidance for Diabetes treated with tablets/insulin injections
The current Group 2 medical form asks if a driver is treated with tablets or insulin
if diagnosed with diabetes. If the answer is yes for either then the driver needs to
adhere to the following procedure on an annual basis when a full medical is not
required by the council.
If diagnosed as requiring treatment by insulin or managed by tablets, which would
carry a risk of inducing hypoglycaemia, the driver will need to inform the council
as soon as possible and provide confirmation from their doctor or diabetic
nurse/consultant of:
The date of being diagnosed
That there has not been any severe hypoglycaemic event in the previous
12 months
The driver has full hypoglycaemic awareness
The driver must show adequate control of the condition by regular blood
glucose monitoring, at least twice daily and at times relevant to driving
The driver must demonstrate an understanding of the risks of
hypoglycaemia and there are no other declaring complications of diabetes
The driver must then obtain a statement from their doctor and make a declaration
themselves before submitting the information to the council. In these cases a
statement and declaration may be required on an annual basis during the
term of the driver’s licence.
The appropriate forms are available from the licensing section.
Medical statement for drivers with tablet-controlled diabetes
Medical statement for drivers with diabetes using insulin
2.9 Driver knowledge tests
The council recognises that hackney carriage and private hire vehicle drivers
require a working knowledge of the Erewash district as a whole and the
surrounding area, and an understanding of the laws and conditions they are
required to comply with. To this extent, and to maintain the high standards that
the council expects of its licensed drivers, a licence will not be granted unless
the applicant undertakes and passes a driver’s knowledge test.
The test comprises of a four part written paper consisting of multiple – choice
questions and questions requiring a written answer, in order to test the
applicant’s basic numeracy and the ability to read, write and understand English.
Part 1 contains questions on the Council’s Hackney Carriage/Private Hire
Driver and vehicle licence conditions.
Part 2 covers Disability Awareness and Safeguarding issues.
Part 3 covers Local Area and geographical knowledge
Part 4 contains questions about the Highway Code.
14Safeguarding guidance can be found on the Council’s website at
https://www.erewash.gov.uk/taxi-licensing/safeguarding.html
A fee is payable to undertake the knowledge test and you will need to make
arrangements with the Licensing Officer to take the test. The knowledge test will
last for one hour and are normally held when required at Long Eaton Town Hall.
Only 7 candidates are permitted to take the test at any one time so anyone
failing the test should ensure that they book a re-test as soon as possible if they
wish to take the test at the next, earliest opportunity.
You must answer at least 70% of the questions from each section correctly in
order to pass the test. If you fail the examination a retest fee will be incurred and
any further tests must be retaken up to a period of three months following the
first test. Please note that failure to attend the knowledge test at the appointed
time may result in a further fee being incurred unless there are exceptional
circumstances relating to your non-attendance. Any person found to be cheating
on the knowledge test will be immediately disqualified and their application
refused.
Please note that if you fail to obtain 70% in any of the 4 sections in the
knowledge test then the whole test must be re-taken.
Any candidate failing the examination three times will have to reapply as a
new applicant after a period of 6 months has elapsed. Application fees will
be returned minus any administrative fees incurred.
2.10 Safeguarding training
Licensing authorities must consider the role that those in the taxi and private hire
trade can play in spotting and reporting the potential abuse, exploitation or
neglect of children and vulnerable adults. As with any specific part of society it is
overwhelmingly the case that those within the industry can be an asset in the
detection and prevention of abuse or neglect of children and vulnerable adults.
However, this is only the case if they are aware of and alert to the signs of
potential abuse, and know where to turn if they suspect that a child is or
vulnerable adult is at risk of harm or is in immediate danger.
To this end all new applicants for a hackney carriage /private hire drivers’ licence
must undertake appropriate safeguarding training with the council. This training
must be completed within 12 months of the grant of the driver’s licence. Failure
to do so may result in the suspension of the hackney carriage/private hire
vehicle driver’s licence until the training has been completed.
This training will be arranged by the council and a fee may be required. If a
driver has undertaken an equivalent training course with another authority it may
be considered by the council and the applicant will not have to take the course
recommended by the council.
Every driver will have to complete safeguarding refresher training every 3 years
in line with the renewal of their hackney carriage/private hire drivers’ licence. .
Failure to do so may result in the suspension of the hackney carriage/private hire
vehicle driver’s licence until the training has been completed.
15Safeguarding training is undertaken so that all drivers are aware of what to do if
they believe a child or vulnerable person is at risk of harm or exploitation. If the
risk is immediate they should call the police otherwise they should:
Contact the safeguarding lead at the council, or inform the licensing team
Call Crime Stoppers on 0800 555 111
2.11 The application process
In summary, to complete the application process you will require the following:
A full, current driving licence with the correct address listed.
A practical driving assessment pass certificate issued by either The Blue
Lamp Trust or Diamond Advanced Motorists
A completed ‘Enhanced’ Disclosure & Barring Service form. You will also
need to bring in the required proof of identity as stated on the guidance e.g.
passport, birth certificate, marriage certificate etc. You may also need a
further means of identification. The following are acceptable – bank or credit
card statement or a utility bill showing name and address. (See current fees
list attached).
Proof of the Right to Work in the UK, usually a passport or national identity
card, birth certificate or immigration document
A completed D4 medical form signed by your own doctor, (or GP with full
access to your medical records) and the doctor’s signed declaration form
You will need to take and pass a knowledge test – arrangements to be
made with the licensing officer dealing with your application. (See current
fees list attached).
Attend a safeguarding training course as prescribed by the licensing
authority.
You will also require:
A completed Driver application form – this will include a ‘DAVIS’ form of
authorisation which will be used to check your driver details with DVLA
Swansea. You must then sign up to this process which will allow the council
to make periodic checks with the DVLA.
1 ‘passport type’ photograph for use on the driver’s badge to be issued in
the event of the application being approved.
The correct licence fee (see current fees list attached). Cheques should be
made payable to Erewash Borough Council. Alternatively you may by debit
or credit card via our contact centre, or at Town Hall receptions.
To make an application you must first contact the licensing section on 0115
9071106 make an appointment to collect an application pack from Long Eaton
Town Hall at the address at the bottom of the page.
If you then wish to proceed with the application you must complete the relevant
forms and then make another appointment to see an officer to make the formal
application. You will not be seen without an appointment. Payment for the
application and DBS check must be made on the day.
16On attending your appointment an officer will discuss the application procedure
and outline the licensing requirements and conditions. Please attend the
appointment by yourself so we can assess any language problems that
may be evident.
Language proficiency
We expect all licensed drivers to have a sufficient command of the English
language, so that they can communicate freely and clearly with passengers and
officials, including in stressful and emergency situations. Drivers will also be
expected to be able to identify situations where there may be passenger
safeguarding concerns and to possess sufficient communication skills to report
those concerns. The ability to converse effectively in English also helps avoid job
related misunderstandings such as wrong directions, fare disputes, collecting the
wrong customer and misunderstanding a customer’s assistance needs. Where
officers have concerns regarding the applicant’s language ability the application
may be referred to the Drivers Licensing Panel for determination.
Applications can only be accepted if made in person, postal applications
will NOT be accepted and will be returned.
If you require any further information or advice about your application you should
contact the Licensing Officer in writing or by telephone between 9am and 2pm
Monday to Friday or email at the following address:-
Licensing Section
Erewash Borough Council
The Civic Centre
Derby Road
Long Eaton
Derbyshire
NG10 1HU
Tel: 0115 9072244 X 3120
Email: licensing@erewash.gov.uk
3. PREVIOUS CONVICTIONS POLICY
3.1 Relevance of convictions and cautions
The council is committed to ensuring that its licensed drivers, operators and
vehicle proprietors are, and remain, fit and proper to hold a licence with this
authority. In relation to the consideration of convictions, cautions, warnings and
reprimands, the council has adopted the policy as set out in section 3.5. This
policy will apply to all new applicants for driver, operator and vehicle licences,
and to all existing licence holders.
Applications or renewals that are submitted with information indicating a past
criminal record, or any other concern, may be referred to the licensing Driver’s
Licensing Panel who will make the final assessment of whether or not the
applicant is a fit and proper person to hold a licence in line with the policy at 3.5.
Where the circumstances demand, the Driver’s Licensing Panel may depart from
the guidelines.
17Generally, where a person has more than one conviction, this will raise serious
concerns about their safety and suitability to be a licensed hackney
carriage/private hire driver. The council must only license safe and suitable
individuals, and once a pattern or trend of repeated offending becomes
apparent, a licence will not be granted or renewed.
The policy at 3.5 will also be used to determine the suitability of an existing
licence holder should information be received during the term of that licence that
would make it necessary for the licensing authority to consider action against the
licence holder. If a licence holder is deemed to fall short of the fit and proper
standard at any time, the licence may be revoked or not renewed on application.
In assessing whether the applicant is fit and proper to hold or retain a licence,
the council will consider each case on its own merits. It will take into account
convictions and cautions, whether spent or unspent, but only in so far as they
are relevant to the application for a licence. The overriding requirement for the
council when carrying out this function is the protection of the public and all who
use hackney carriage and private hire services, and to ensure that public safety
is not compromised.
The council may depart from the policy where it considers it appropriate to do so.
This will normally happen where a licensing authority considers that there are
exceptional circumstances which warrant a different decision. This approach
was endorsed by the High Court in R (on the application of Nicholds) v Security
Industry Authority.
In seeking to safeguard the safety of the public, the licensing authority will be
concerned to ensure;
That the applicant is a fit and proper person in accordance with sections
51 and 59 of the Local Government (Miscellaneous Provisions) Act 1976
(Part II)
That the person does not pose a threat to the public
That the public are safeguarded from dishonest persons
The safety of children, young persons and vulnerable adults
All decisions on the suitability of an applicant or licensee should be made on the
balance of probability. This means that an applicant or licensee should not be
‘given the benefit of doubt’. If the Driver’s Licensing Panel or delegated officer is
50/50 as to whether the applicant or licensee is ‘’fit and proper’’, they should not
hold a licence. The threshold used here is lower than for a criminal conviction
(that being ‘beyond reasonable doubt’) and can therefore include information
that goes beyond criminal convictions.
The standards of safety and suitability are not set as a base minimum. They are
set high to give the public the assurance it requires when using taxi services.
The council does not have to strike a balance between the drivers’ right to work
and the impact on his/her family and the public’s right to protection. The council
is thus entitled and bound to treat the safety of the public as the paramount
consideration.
18Any offences or behaviour not covered explicitly by the policy at 3.5 will not
prevent the council from taking into account those offences when considering if
the applicant is a ‘’fit and proper’’ person.
3.2 Rehabilitation of Offenders Act 1974 (as amended)
Under the 1974 Act, criminal convictions can become spent after a certain period
of time, and once spent, for many purposes, can be disregarded completely. The
possibility of rehabilitation depends on the sentence imposed, and not the
offence committed.
Despite the above, the principles of the Act do not apply to applicants for
hackney carriage and private hire vehicles driver’s licences. This is because the
driving of taxis is listed as a ‘Regulated Occupation’ in relation to which
questions may be asked as to the suitability of individuals to be granted a
licence.
Although the Act does not prevent judicial authorities (inclusive of the licensing
authority) from taking spent convictions into account, such convictions are only
admissible in so far as they are relevant to the issue as to whether the applicant
is a fit and proper person to hold a licence.
Therefore the council will have regard to all relevant convictions, particularly
where there is a long history of offending, Applicants need to be aware that, in
accordance with this Act, all convictions, cautions, warnings and reprimands
must be declared.
3.3 Powers of the council
Sections 60, 61 and 62 of the Local Government Miscellaneous Provisions Act
1976 allows the council to suspend, revoke or refuse to renew a licence if the
applicant has been convicted of an offence involving dishonesty, indecency,
violence; failure to comply with the provisions of the Town Police Clauses Act
1847; failure to comply with the provisions of Part II of the Local Government Act
1976; or any other reasonable cause.
The council is entitled to use other records and information that may be available
to it in determining applications or an entitlement to continue holding a licence.
This may include information held by the council or other licensing authorities,
and information disclosed by the police under the Common Law Disclosure
Scheme or other similar arrangements. Examples of such information sources
that may be used include social care information, benefits payments etc.
In determining safety and suitability, the council is entitled to take into account all
matters concerning that applicant or licensed driver. They are not only
concerned with that person’s behaviour whilst working in the hackney carriage or
private hire trade. This consideration is far wider than just simply criminal
convictions or other evidence of unacceptable behaviour, and the general
character of the individual will be considered. This can include, but is not limited,
to the individual’s attitude and overall temperament.
It is an offence for any person knowingly or recklessly to make a false
declaration or to omit any material in giving information required by the
19application for a licence (s57 Local Government (Miscellaneous Provisions) Act
1976). Where an applicant has made a false statement or a false declaration on
their application for the grant or renewal of a licence, the licence will normally be
refused.
Where the applicant has been convicted of a criminal offence the council cannot
review the merits of the conviction (Nottingham City Council v Mohammed
Farooq (1988))
3.4 Consideration of applications
In assessing whether the applicant is a ‘fit and proper person’ to hold a licence,
the Council will consider each case on its own merits.
Any application containing convictions, cautions, or any information considered
relevant to the application will be considered at the time of application in
accordance with the previous convictions policy outlined at section 3.5.
Existing Licence holders convicted of an offence or who are awarded DVLA
penalty points during the period of their current licence will be subject to the
same policy relating to the relevance of convictions/driving offences as though
they were a new applicant and will be referred to the Drivers Licensing Panel for
consideration when required by the policy.
Applications may be referred to the Drivers Licensing Panel for determination if
an applicant has any convictions.
Applications/licence holders will be referred for determination by the Drivers
Licensing Panel in the following circumstances:-
Where the applicant has a total of eight or more valid penalty points for
offences connected with the driving or keeping of a motor vehicle
Where the applicant has five or more valid penalty points in respect of any
one conviction for an offence connected with the driving or keeping of a
motor vehicle.
Valid penalty points are those points still showing on the applicants/licence
holders DVLA driving licence.
Options when considering an application
When determining an application the council have the following options;
Approve the application or take no further action
Refuse the application/revoke the licence/suspend the licence
Issue a warning letter regarding further behaviour
Appeals
Any applicant refused a driver’s licence, or who has had their licence suspended
or revoked on the grounds that the council is not satisfied they are a fit and
proper person to hold such a licence, has a right to appeal to South Derbyshire
20Magistrate’s Court within 21 days of the notice of refusal issued by the council
(Local Government (Miscellaneous Provisions) Act 1976 (Part II).
3.5 General Convictions Policy for licensed drivers
Listed below are some general principles relating to the determination of
applications which will normally be followed where convictions are admitted or
otherwise identified.
It is important to recognise that matters which have not resulted in a criminal
conviction as such (whether that is the result of an acquittal, a conviction being
quashed, decision not to prosecute or an investigation which is continuing where
the individual has been bailed) can be and will be taken into account by the
council. In addition, complaints where there was no police involvement may also
be considered. Within this policy, any reference to ‘’conviction’’ will also include
matters that refer to criminal behaviour, but which have not resulted in a
conviction.
If an outstanding charge or summons involves a serious offence and/or the
individual’s conviction history indicates a possible pattern of criminal behaviour
or character trait, then in the interests of public safety the application will be put
on hold until proceedings are concluded or the application may be refused. Such
cases will either be referred to the licensing Driver’s Licensing Panel with a view
to refusal or immediate revocation.
In addition to the nature of the offence or other behaviour, the quantity of
incidents and the period over which they were committed may also be
considered. Patterns of repeated behaviours are likely to cause greater concern
than isolated occurrences, as such patterns can demonstrate a propensity for
such behaviour or criminality.
In relation to single convictions, the following time periods should elapse
following completion of the sentence (or date of conviction if a fine is imposed)
before a licence may be granted. Nevertheless solely remaining free of
conviction may not necessarily be adequate evidence that a person is a fit and
proper person to hold a driver’s licence.
Crimes resulting in death
Where an applicant or licensed driver has been convicted of a crime which
resulted in the death of another person, or was intended to cause the death by
serious injury of another person they will NOT be licensed. These offences will
include;
Murder
Manslaughter
Manslaughter or culpable homicide while driving and /or involving alcohol
or drugs
Terrorism offences
Any offences (including attempted or conspiracy to commit offences) that
are similar to those above
21No time period is thought sufficient to have elapsed since the offence and the
application will be REFUSED in all cases.
Exploitation
Where an applicant or licensed driver has been convicted of a crime involving,
related to, or has any connection with abuse, exploitation, use or treatment of
another individual irrespective of whether the victim or victims were adults or
children, they will NOT be licensed. This includes slavery, child sexual
exploitation, grooming, psychological, emotional or financial abuse but this is not
an exhaustive list.
No time period is thought sufficient to have elapsed since the offence and the
application will be REFUSED in all cases.
Offences involving violence against the person
Where an applicant has a conviction for an offence of violence, or connected
with any offence of violence, a licence will not be granted until a period of at
least TEN YEARS have elapsed since the completion of any sentence imposed.
These offences will include;
Arson
Malicious wounding or grievous bodily harm which is racially aggravated
Actual, or grievous bodily harm
Robbery
Riot
Assault on police
Violent disorder
Resisting arrest
Any racially-aggravated offence against a person or property
Common assault
Affray
Any offence that may be categorised as domestic violence
Any Public Order Act offence (harassment, alarm or distress, intentional
harassment or fear of provocation of violence)
Any offences (including attempted or conspiracy to commit offences) that
are similar to those above
Possession of a weapon
Where an applicant has a conviction for the possession of a firearm or any other
weapon related offence, a licence will NOT be granted until at least SEVEN
YEARS have elapsed since the completion of any sentence imposed.
Sex and indecency offences
Where an applicant has a conviction for any offence involving or connected with
illegal sexual activity or any form of indecency, a licence will NOT be granted.
No time period is thought sufficient to have elapsed since the offence and the
application will be REFUSED in all cases. Offences include;
Rape
Assault by penetration
22 Offences involving children or vulnerable adults
Trafficking, sexual abuse against children and/or vulnerable adults and
preparatory offences (as defined within the Sexual Offences Act 2003)
Making or distributing obscene material
Possession of indecent photographs depicting child pornography
Sexual assault
Indecent assault
Exploitation of prostitution
Soliciting (kerb crawling)
Making obscene gestures/ indecent telephone calls
Indecent exposure
Any similar offences (including attempted or conspiracy to commit
offences which replace the above
Dishonesty
Where an applicant has a conviction for any offence where dishonesty is an
element of the offence, a licence will not be granted until at least SEVEN
YEARS have elapsed since the completion of any sentence imposed. Offences
involving dishonesty include;
Theft
Burglary
Fraud
Benefit fraud
Handling or receiving stolen goods
Forgery
Conspiracy to defraud
Obtaining money or property by deception
Other deception
Taking a vehicle without consent
Fare overcharging
Or any similar offences (including attempted or conspiracy to commit)
offences which replace the above
Drugs
Where an applicant has any conviction for, or related to, the supply of drugs, or
possession with intent to supply or connected with possession with intent to
supply, a licence will not be granted until at least TEN YEARS have elapsed
since the completion of any sentence imposed.
Where an applicant has a conviction for possession of drugs, or related to the
possession of drugs, a licence will not be granted until at least FIVE YEARS
have elapsed since the completion of any sentence imposed. In these
circumstances, any applicant will also have to undergo drugs testing at their own
expense to demonstrate that they are not using controlled dugs.
Discrimination
Where an applicant has a conviction involving or connected with discrimination
in any form, a licence will not be granted until at least SEVEN YEARS have
elapsed since the completion of any sentence imposed.
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